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Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......gricultural Tenancy Act. 2. Facts in short, are that the pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be the co-sharer of the holding by inheritance and by purchase and also claiming to be owner of the land contiguous to the ..Category: Property Law | Date: | Hits: 19
Dhaka Mercantile Co-operative Bank Ltd. Vs. Bangladesh Bank, Dhaka & others, 2006, 35 CLC (AD)
....d Counsel for the petitioner and Mr. A.J. Mohammad Ali, the learned Counsel for respondent Nos.1 and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the petitioner, the Dhaka Mercantile Co-operative Bank Ltd. is not a commercial bank ......est should not be declared to have been issued without any lawful authority. 3. The High Court Division upon hearing the learned Counsel for the parties rejected the writ petition summarily holding, inter alia, that under sections 44 and 45 read with section 3 of the Bangladesh Companies..Category: Banking Law | Date: | Hits: 292
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......earing, by order dated 12.10.2000 rejected the said application. The petitioner then filed the present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and acco..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....ng this application have denied. 4. The High Court Division upon hearing the parties observed that whether they are engaged in immoral activities or not is purely a question of fact and this disputed question of fact cannot be decided under Article 102 of the Constitution. The petitioners ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..Category: Criminal Law | Date: | Hits: 41
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
.... he filed petition for obtaining the certified copy of the decree of the trial Court but the office had told him that no decree was drawn in Family Suit No.8 of 1995. The statement so made was not disputed by the Respondent. 12. The learned Advocate-on-record, who appeared in the appeal wi......r and unable to pay for the daily needs of the minor child and as such plaintiffs claim or the custody of the minor child merits no consideration. 5. The Family Court dismissed the suit upon holding that if the minor is taken away from the custody of the mother, the defendant and given to ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....nt's writ petition is maintainable in as much as those Notifications have been made under a statute having the force of law and the Administrative Tribunal does not have jurisdiction in respect of disputed matter herein. 10. Mr. Islam has next argued that the appellant used to perform sim......at and thus the same benefit cannot be extended to the petitioner. 6. The High Court Division upon hearing the parties made the Rule absolute by the impugned judgment and order as aforesaid holding that the respondent P.A-Cum Stenographers attached to the Judges of the Supreme Court of Ba..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....ry as prayed for. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 163. ......dduced evidence in support of their cases before the Registrar and after hearing the parties the Registrar by two separate judgments of the same date allowed both the aforesaid rectification cases holding that the appellant proprietor has failed to establish his continuous user of the mark since..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mohammad Ali Khondoker, 2007, 36 CLC (AD)
.... Court Division was not inclined to rely upon the same. The writ of delivery of possession was not at all produced by the plaintiff and no explanation was offered for such nonproduction. It is not disputed that the suit land was rayoti land of the recorded tenant Formani Bibi. There is no eviden...... 1990 in the Court of Assistant Judge, Ulipur, District-Kurigram for setting aside the ex-parte decree dated 15.11.1974 passed in Other Class Suit No.575 of 1974 stating, inter alia, that the suit holding recorded in C.S. Khatian No.32 belonged to Formani Bibi. The jote was sold in auction for a..Category: Property Law | Date: | Hits: 32
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
.... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......unding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of Constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain individuals ..Category: Employment/Service Law | Date: | Hits: 133
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 793. ......ssed in Civil Revision No.413 of 2003 discharging the Rule affirming the judgment and decree dated 27.11.2002 passed by the Joint District Judge, 3rd Court, Comilla in Title Appeal No. 78 of 1999 upholding those of dated 22.4.1999 of the Senior Assistant Judge, Debidwar passed in Title Suit No. 2..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
.... provision of Section 18 of the Premises of Rent Control Act and in that view of the matter the impugned judgment and order is liable to be set aside. 5. It appears from the record that its is not disputed that Md. Yakub Ali was the original owner of the suit premises and during his life time h...... limited under Section115 (1) of the Code of Civil Procedure. 6. The High Court Division held in the light of the above fact that "the trial Court erred in law and facts in dismissing the suit on holding that the defendant is not a defaulter on misconception of documentary evidence and also misc..Category: Tenancy Law | Date: | Hits: 151
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....nted and in the submissions made by the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 779. ......f any denial from the respondent No.1 and in the face of admitted withdrawal of the goods vide Anenxure-C of the writ petition the observation of the Judges of the Division Bench was wrong in holding that the withdrawal of catalogue No.94 from tender sale No. 10/97 was under some mista..Category: Others | Date: | Hits: 80
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......in the Code of Civil Procedure that after closing of evidence of the parties no documents could be filed and proved for the ends of justice. Hence the High Court Division committed an error in holding that the document filed after closing of the evidence should have been expunged. 6. ..Category: Property Law | Date: | Hits: 91
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ...... 1,12,000.00 for 2 nos. Staff Tk. 84,000.00 for 4. Guard and menials and Tk.1,78,500.00 for salary of 3 nos. Engineer. Therefore the 1st party sustained business loss for Tk.16, 38,017.33; for with holding payment of bill for additional work for 22 months. The 2nd party illegally deducted a..Category: Business or Commercial Law | Date: | Hits: 129
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....of the High Court Division. Accordingly, both the Jail Petition and Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 711. ......on, visited the place of occurrence, prepared sketch map with separate index of the place of occurrence, prepared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the wit..Category: Criminal Law | Date: | Hits: 32
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......a after hearing, dismissed the appeal. The plaintiff then moved the High Court Division and obtained Rule in Civil Revision No.196 of 2000. The High Court Division, after hearing, discharged the Rule holding that trial court on considering the materials on record dismissed the suit and the appellate..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nfirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 687. .......of 1993 and the High Court Division, after hearing, discharged the Rule. 3. The learned counsel for the petitioner submitted that the High Court Division committed error of law in not holding that Lehajuddin did not execute the sale deed, the defendant No.1 did not acquire any right..Category: Property Law | Date: | Hits: 25
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....ticed earlier. 6. We have heard Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the plaintiff was not a party to the decree passed in Title Suit No.167 of 1990. The H......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......ror in refusing to interfere with the orders passed by the trial Court and thereupon in rejecting the revisional application. Finally the High Court Division discharged the Rule upon holding that no important question of law involved in the revisional application. 7. We have..Category: Procedural Law | Date: | Hits: 58
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 673. ......r partition, without declaration of title and recovery of khas possession, was barred by Section 42 of the Specific Relief Act. 5. As it appears the High Court Division discharged the Rule holding that the defendant No.1 in his written statement admitted the transfer of 60 decimal of lan..Category: Property Law | Date: | Hits: 20
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